Lawrence M. Sung

Lawrence M. Sung

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Patent Watch: Cephalon, Inc. v. Watson Pharms., Inc.

On February 14, 2013, in, the U.S. Court of Appeals for the Federal Circuit (Reyna, Bryson, Wallach*) reversed-in-part and affirmed-in-part the district court's judgment following a bench trial that Watson did not infringe...more

2/20/2013 - Appeals Burden of Proof Cephalon Enablement Inquiries Evidence Infringement Patents Reversal Undue Experimentation Watson Pharmaceuticals

Patent Watch: Allflex U.S.A., Inc. v. Avid Identification Sys., Inc.

[Where] the appellant has identified no relationship between the valuation placed on the appeal and the issues the appellant wishes to challenge, the parties have simply placed a "side bet" on the outcome of the appeal, which...more

1/18/2013 - Appeals Infringement Mootness Patents Summary Judgment

Patent Watch: C.W. Zumbiel Co. v. Kappos

[T]he preamble constitutes a limitation when the claim(s) depend on it for antecedent basis, or when it "is essential to understand limitations or terms in the claim body." On December 27, 2012, in C.W. Zumbiel Co. v....more

1/10/2013 - Appeals Inter Partes Reexamination Kappos Obviousness Patent-Eligible Subject Matter Patents Prior Art USPTO

Patent Watch: Presidio Components, Inc. v. Am. Tech. Ceramics Corp.

[A] finding of no competition for the purpose of irreparable harm conflicts with the clear finding of competition for the purpose of awarding damages. On December 19, 2012, in Presidio Components, Inc. v. Am. Tech....more

12/21/2012 - Abuse of Discretion Appeals Competition Infringement Injunctions Irreparable Harm Patents Reversible Error

Patent Watch: Brooks v. Dunlop Mfg. Inc.

Given Congress' legitimate concerns with respect to the cost and constitutionality of pending qui tam actions, we conclude that the retroactive application of amended § 292 to pending actions was a rational means of pursuing...more

12/18/2012 - America Invents Act Appeals Due Process False Marking Patents Qui Tam Retroactive Legislation

Patent Watch In re Yamazaki

[When a patent issues] with its terminal disclaimer in effect, that disclaimer [becomes part of the "original patent" for purposes of 35 U.S.C. § 251 and serves] to define its term, regardless of any further term that might...more

12/13/2012 - Appeals Patent Term Adjustment Patents Terminal Disclaimer USPTO Yamazaki

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